We take data protection very seriously and inform you herein how we process your data and what claims and rights you are entitled to under data protection regulations applicable from 25 May 2018.
1. Data Protection Officer – responsible for data processing and contact data in the meaning of data-protection law:
We process personal data in accordance with the stipulations of the General Data-Protection Regulation (GDPR), and other applicable data-protection provisions, such as the German Federal Data-Protection Act (Bundesdatenschutzgesetz – BDSG) (details are provided in the following). Details of what kind of data is processed and how the data is used depends largely on the services requested or agreed in each case. Further details or additions for the purposes of data processing can be found in the respective contract documents, forms, a declaration of consent and/or other information provided to you. In addition, this data protection information may be updated from time to time.
The processing of personal data is carried out in order to carry out our contracts and the execution of orders as well as to carry out measures and activities within the framework of pre-contractual relations, e. g. with interested parties. In particular, the processing thus serves to provide services according to orders and requests and include the necessary services, measures and activities. This essentially includes contract-related communication , the verifiability of transactions, orders and other agreements as well as quality control by means of appropriate documentation, goodwill procedures, measures to control and optimize business processes as well as the fulfilment of general duties of care, control and supervision; statistical evaluations for corporate management, cost recording and controlling, reporting, internal and external communication, emergency management, accounting and tax assessment of operational services, risk management, assertion of legal claims and defence in the event of legal disputes; ensuring IT security ((inter alia system and plausibility tests) and general security, including building and plant security, securing and exercising domestic authority (e. g. by means of access controls); guaranteeing the integrity, authenticity and availability of data, preventing and investigating criminal offences; control by supervisory bodies or supervisory authorities (e. g. auditing).
Above and beyond the actual fulfilment of the (pre-) agreement, we process personal data whenever this is necessary to protect legitimate interests of our own or of third parties, in particular for the following purposes:
Your personal data can also be processed for certain purposes (e.g. use of company communication systems for private purposes; photographs/videos for publication in the Intranet/Internet), including as a result of your consent. As a rule, you can revoke this consent at any time. This also applies to the revoking of declarations of consent that were issued to us before the GDPR went into effect, i.e. prior to 25 May 2018. You shall be separately informed about the consequences of revocation or refusal to provide consent in the respective text of the consent. Generally speaking, revocation of consent only applies to the future. Processing that takes place prior to consent being issued is not affected by such and remains lawful
We are also subject to a large number of legal obligations. These are primarily statutory requirements (e.g. commercial and tax laws), but also if applicable supervisory law or other requirements set out by government authorities. The purposes of processing may also include identity and age checks, prevention of fraud and money laundering (e.g. comparisons with European and international anti-terror lists), compliance with control and notification obligations under tax law as well as the archiving of data for the purposes of data protection and data security as well as for purposes of audits by tax advisors/auditors, fiscal and other government authorities. In addition, it may be necessary to disclose personal data within the framework of official government/court measures for the purposes of collecting evidence, law enforcement and criminal prosecution or the satisfaction of civil law claims.
If necessary for the contractual relationship with you we may process data which we lawfully receive from third parties (e.g. quality assessment or complaints by customers/suppliers). In addition, we process personal data that we have lawfully collected, received or acquired from publicly accessible sources (such as, for example, commercial registers and association registers, civil registers, the press, Internet and other media) if such is necessary and we are allowed to process this data in accordance with statutory provisions.
Relevant personal data categories may in particular be:
At our company, personal data is received by those internal offices or organizational units that need such to fulfil our contractual and statutory obligations or that require such data within the framework of processing and implementing our legitimate interests. Personal data is disclosed/ passed on to external offices and persons solely
We shall moreover refrain from transmitting your data to third parties if we have not informed you of such separately. If we commission service providers within the framework of processing an order, the data will be subject there to the security standards stipulated by us in order to adequately protect the data. In all other cases, recipients may only use the data for purposes for which the data has been sent to them.
We process and store your data for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.
Above and beyond this, we are subject to various retention and documentation obligations that emanate inter alia from the German Commercial Code (HGB) and the German Tax Code (AO), or other applicable laws. The periods and deadlines for retention and/or documentation stipulated therein are up to ten years beyond the end of the contractual relationship or the pre-contractual legal relationship.
Furthermore, special statutory provisions may require longer retention such as for example the preservation of evidence in connection with statutory time-barring provisions (statute of limitations). Under §§ 195 ff. of the German Civil Code (BGB), the regular time-barred period is three years, but time-barred periods of up to 30 years may also be applicable.
If the data is no longer required to meet contractual or statutory obligations and rights, it is regularly deleted unless its further processing – for a limited period – is necessary to fulfil the purposes listed under number 2.2 due to an overriding legitimate interest. Such an overriding legitimate interest is deemed to be the case, for example, if it is not possible to delete the data as a result of the special type of storage or such is only possible at an unreasonably great expense and processing for other purposes is excluded by appropriate technical and organisational measures.
Data might be transmitted to offices in countries outside the European Economic Area EU/EEA (so-called third states) whenever such is necessary to meet a contractual obligation towards you (e.g. if you are despatched to another country) or our customers, such is required by law (e.g. notification obligations under tax law), such is in the legitimate interest of us or a third party or you have issued us your consent to such. At the same time, your data may be processed in a third country including in connection with the involvement of service providers within the framework of the processing of the order. If no decision has been issued by the EU Commission regarding the presence of a reasonable level of data protection for the respective country, we warrant that your rights and freedoms will be reasonably protected and guarantied in accordance with EU data-protection requirements through contractual agreements to this effect. We will provide you with detailed information on request. You can request information on the suitable or reasonable guarantees and the possibility, how and where to receive a copy of these from the company data-protection officer or, or by contacting our data protection representative Eva Lang at firstname.lastname@example.org
If certain conditions are met, you can assert your data-protection rights against us
Your applications for the exercise of your rights should be sent in writing to the address stated above or addressed directly to our data-protection officer.
You only need to provide data that is necessary for the commencement and performance of the business relationship or for a pre-contractual relationship with us or the collection of which we are required by law. Without this data, we are generally not able to conclude the agreement or continue to perform such. This may also relate to data that is required later within the framework of the contractual relationship. If we request data from you above and beyond this, you shall be informed about the voluntary nature of the information separately.
We do not use any purely automated decision-making procedure as set out in Article 22 of the GDPR. If we do institute such a procedure in individual cases in the future, we shall inform you pursuant hereto separately if this is required by law. Under certain circumstances, we may process your data in part with the aim of evaluating certain personal aspects (profiling). In order to provide you with targeted information and advice on products, we may use evaluation tools. These enable a needs-oriented product design, communication and advertising including market and opinion research. Such procedures can also be used to assess your solvency and creditworthiness as well as to combat money laundering and fraud. “Score values” can be used to assess your creditworthiness and creditworthiness. In the case of scoring, the probability is calculated using mathematical methods with which a customer will meet his payment obligations in accordance with the contract. Such score values thus support us, for example, in assessing creditworthiness, decision-making in the context of product deals and are incorporated into our risk management. Information on nationality and special categories of personal data according to Art. 9 GDPR are not processed.
The objection can be filed without adhering to any form requirements and should be sent to